PSLT Terms and conditions

PSLT – TERMS AND CONDITIONS OF SALE

Company registration and address

Company Registration: 12432698

PSLT LTD
PHYSIQUE INDUSTRIAL PARK
BARROWFORD ROAD
COLNE
LANCASHIRE

BB8 9AJ

 

1. Definitions and incorporation

1.1.1 In these conditions
1.1.2 We/us means PSLT (Company No ) whose registered office is at Physique Industrial Park,
Barrowford Road, Colne, Lancashire BB8 9AJ:
1.1.3 You mean the person who accepts our quotation for the sale of goods and/or services of
whose order for the good and/or services is accepted by us
1.1.4 ‘Conditions’ means our standard terms and conditions of supply of goods and services as set
out in this documents
1.1.5 ‘Delivery date’ means the date for delivery from us to you of the goods and/or the date of
commencement of provision of the services as detailed in the order acknowledgment
1.1.6 ‘Goods’ means the goods (including any installment or any parts of them) that we are to
supply you in accordance with these terms and conditions:
1.1.7 ‘Services’ means the services which we are to provide you in accordance with these
conditions as confirmed in our order acknowledgment
1.1.8 ‘Order acknowledgment’ means the order acknowledgment which we send you to confirm
the details of your order of goods and/or services, the price and the delivery date
1.1.9 ‘Price’ means the total price of the goods and/or services as detailed in our acknowledgment
subject to variation as provided
1.1.10 ‘Regulations’ means the consumer protection (distance selling) regulations 2000 as amended
from time to time.
1.1.11 ‘Vat means Value added tax
References to ‘written or ‘writing include fax and email communications
1.2 we will sell and you will purchase the goods and/or services In accordance with any order that you
place and we accept
1.3 Any contract entered into by us for the supply of goods and/or services in subject to these conditions
1.4 Details of your order shall be recorded by our representative in the order acknowledgment
1.5 These conditions and the order acknowledgment represent the entire agreement between you and
us (the contract) no other terms and conditions including any written on or attached to any purchase
order confirmed in writing by us and in no event will your standard terms and conditions us, our
agents of business apply. No liability shall attach to or employees in respect of any representations or
statements made, previously agreed up upon in writing and signed by an officer authorised by us. No
purported variations of the contract will be affective unless whether before or after the agreement is
reached unless confirmed in writing by our authorised representative.

2. Orders

2.1 You are responsible for ensuring the accuracy of the terms of your order and for giving all
necessary information relating to the goods and/or services.
2.2 we reserve the rights to makes changes in the specification of the goods and/or services from
time to time.
2.3 if you order goods which are out of stock we shall either supply alternative goods to you of the
same specifications or, if paid, refund the price to you.
2.4 Your order for goods and/or services shall be deemed to have been accepted by us only once the
goods have been delivered and/or provisions of the services has commenced.

3. Price

3.1 the price shall be the price we quote from time to time as confirmed in our order
acknowledgment.
3.2 Carriage and/or installations on delivery within the mainland UK shall be chargeable.it is your
responsibility to ensure that we have access to and that your premises are suitable for delivery and
installation of the goods.
3.3. Prices quoted are exclusive of vat which is chargeable at the current rate.
3.4 You shall have no right to set of any counterclaim or deduction against any monies which are
payable by you to us.

4 Payments

4.1 A deposit of 50% in required with your order. The balance of payment is due upon the delivery of
goods, or commencement of the services subject to conditions of 4.1 of the price is payable with
return of order acknowledgment signed by you, or if is our reasonable judgment at any time prior to
delivery your financial status warrants it as notified to you the goods will not be delivered and/or
services not commenced until the payment has been received from you. The time of payment shall
be of the essence.
4.2 In the event of default of payment by the due then, without prejudice to any other remedy that
we may have, we reserve the right at any time to impose a late payment charge of 2%per annum
above Barclays base rate from time to time both before and after any judgment. Of part thereof on
monies overdue. Not to carry out any repair or replacement pursuant to conditions, to suspend any
further deliveries or suspend completion of the provision of the services, and to recover from you all
our legal costs incurred as a result.
4.3 We may at any time or times, without notice to you set off any of your liabilities to us against any
of our liabilities to you, whether any such liability is present or future(whensoever arising) liquidated
or un-liquidated arising under the contract or otherwise, our rights under this clause are without
prejudice to any other rights or remedies available to us under the contract or otherwise.

5 Delivery, collection and installation

5.1 We shall arrange for the delivery and installation of the goods unless otherwise specified in order
acknowledgment subject to condition 5.9
5.1.1 All orders will be subject to delivery and/or installation charge unless the collection of the goods has
been agreed.
5.2 Goods may be collected by you from the premises notified to you for those purposes provided
payment of the price is made by you before or on the time of collection or the price has been changed
to on approved credit account beforehand.
5.3 The goods will be delivered to you and installed (if required) and/or the services will be provided at
the address stated in the order acceptance.
5.4 We shall make every effort to deliver & install the goods and/or commence provision of the services
by delivery date, the delivery date is given as an estimate only and we are not able to make good any
change or loss arising directly or indirectly from delay in delivery.
5.5 Where the goods are to be delivered in installments each delivery shall constitute a separate contract
and failure by us to deliver any one or more of the installments in accordance with these conditions
shall not entitle you to treat the contract as a whole as repudiated.
5.6 At least three weeks’ written notice must be given by you to us of any change likely to affect delivery
and installation of the goods or commencement of the provision of the services.
5.7 We reserve the right to charge storage where you delay delivery or installation of the goods more
than one month after the agreed date of delivery or installation. This rate will be £2 per week, per
pallet. Pallet size 1.2M x 1M
5.8 You will be liable for any charges includes during delivery and installation of the goods if any
mechanical devices are required to make physical delivery and installation.
5.8.9 You will be liable for any parking tickets, wheel damage etc. If adequate parking is not provided.
Or relevant permits not arranged.
5.9 We recommend that all goods that are strength equipment are secured on the floor by a suitably
a component person who is familiar with the composition of the floor and subflooring and the
placement of ability and service lies in the flooring to eliminate rocking and tipping.

6 Cancellation

6.1 If you are a customer for the purposes of the regulations you may cancel any order for goods at
anytime up to 7 days prior to delivery date by written notice to be providing that:
6.1.1 You return the goods and pay the cost of return and
6.1.2 You retain possession of the goods and take responsible care of the goods until date of return.
6.2 We shall refund you the price paid for the goods class any deductions which we are legally entitled to
make within a period not exceeding 30 days beginning with the day on which notice of cancellation
was given by you.
6.3 If you fail to return the goods in accordance to condition 6.1.1 then we may charge you for the direct
cost of recovering the goods.

7 Risk and Property

7.1 Risk or damage to or loss of the goods will pass to you at time of delivery.
7.2 Claim for loss or damage to the goods in transit must be made by you directly to us within three days
of receipt of the goods.
7.3 The goods should be signed for ‘not examined’ unless opened on receipt and found correct, otherwise
we cannot accept responsibility for loss or damage to the goods caused in transit.
7.4 If you notify us of a claim pursuant to condition 7.2 and in the goods, following inspection by us are
not found to be detective, our cost of inspection shall be come by you. If the goods are found to be
detective. We shall at our option replace them or credit you with the goods invoiced value or part
these of and this shall be the limit of our liability.
7.5 Title on the goods shall not pass to you until we have received cleared funds payment in full for the
goods and for all other goods agreed to be sold by us to you. Until such time you shall;
7.5.1 Keep the goods separate from goods that belong to you and third parties. Properly stored,
Protected, insured and identified as our property; and
7.5.2 Provided that the goods have not been resold by you / if requested by us deliver up the goods to
us and, if you fail to do so for with, allow us to enter your premises od any 3rd party where the goods
are stored. in order to repossess the goods.

8. Guarantee

8.1 PSLT Ltd offers a limited warranty on the goods it sells and that warranty varies from product to
product. Current warranty tables are available at www.pslt.co.uk or on request. If goods are
warranted from date of delivery against any manufacturing fault and in respect of detective materials,
without any limitation on usage.
8.2 Our liability under condition 8 is limited to the replacement of parts that in our opinion are detective
and is in lieu of all other warranties of any kind expressed or implied, including but not limited to the
implied warranties of merchantability and fitness for a particular purpose and all other obligations
and liabilities on our part (other than for consumer goods). These detective parts will be repaired or
replaced with new parts, new or reconditioned be repaired or replaced with new parts, new or
reconditioned units or may be in reasonable circumstances.
8.3 This condition 8 does not cover;
8.3.1 Any equipment repairs resulting from the installation of parts or accessories that have been
carried out by the technician that not been approved by us;
8.3.2 Goods that have not been maintained periodically as detailed to any instruction or operation
manual relating to the goods at the intervals specified;
8.3.3 Modifications or alterations that have been carried out which have neither been provided nor
authorised by us or which have been carried out without complying with the technical instructions
specified by us;
8.3.4 Equipment that has been vandalised, abused, including overloading, or cases where you or the
user has not compelled with the instructions given in any instruction manuals;
8.3.5 Rooting maintenance, periodical checks & Adjustments;
8.3.6 The replacement of parts subject to external wear and tear taking into account the usage of the
goods;
8.3.7 Damage by natural elements (e.g. floods) or resulting from accidents;

8.3.8 Any financial loss or a nature specified in condition 9.2, as a consequence of the goods being in-
unusable;

8.4 Repairs carries out under this condition & do not extend the period of validity of any guarantee. Parts
or units removed for replacement under this condition & become our property. In the case of a
change of ownership, subsequent owners will benefit from the remaining period of guarantee
provided that the conditions of application that have been followed by each of the owners.

9. Exclusion and limitation of liability

9.1 Our entire financial liability in respect of:
9.1.1 Any breach by us of the contract, and
9.1.2 Any representation statement or tortuous act or omission including negligence arising from the
supply of the goods and/or services: Shall be limited in the amount paid by you for the goods and/or
services
9.2 we shall not be liable to you in any circumstances for any loss of profit, loss of business,
depletion of goodwill or for any indirect special or consequential loss
9.3 we give no representation or warranty as to any health benefits of use of the goods or that use of
goods is a suitable treatment for any medical conditions. If your customer or persons who you allow
to use the goods are suffering from any medical conditions, they must consult a doctor prior to use of
the goods. We shall have no liability to you, your customers, or persons who you allow to use the
goods, for death or personal injury caused by the use of the goods otherwise then in accordance with
instructions or for the purposes for which the goods were not designed.
9.4 we shall have no liability to you for the damage to your property caused during installation unless
you notify us of such damage within 7 days of the installation.

10. Insolvency

10.1 if you, if a natural person, die or be subject of an order under the mental health act 1959, of it
any distress or execution is levied upon your property or assets, if you shall offer to make a scheme
of arrangements with creditors or commit any act of bankruptcy or, being a company, have a
receiver, manage or administrative receiver appointed over any part of your undertaking or assets, or
if a resolution for winding up of the company be past then we may treat all sums due on any
accounts as immediately payable and suspend or cancel further deliveries or require payments in
advance or recover any goods which are unsold wherever they are stored, or treat the contract as
terminated without prejudice to any other rights which we may have.

11. Waiver

11.1 waiver by us off breach by you of any of these conditions shall not be considered as a waiver of
any subsequent breach of that or any other provision.

12. Miscellaneous

12.1 Save as otherwise provided you may not assign any rights or delegate any duties here under.
12.2 We reserve the right to subcontract any or all of our obligations here under.
12.3 All goods comply as a date of delivery with all relevant British(European) standards and
legalisations (the relevant legislation) and :
12.3.1 It is your responsibility to ensure that the premises in which the goods are to be used also
meet relevant legislations.
12.3.2 if we are asked and agree to design a layout of the gym or other space where the goods are to
be installed or used we shall in so doing have regard to the provisions of the relevant legislation and
other safety considerations in preparing the design layout and the positioning within the premises of
the goods but shall not accept any liability of whatsoever nature for your failure to comply with our
designs or other recommendations. Further, you shall indemnify us against all liabilities we may incur
or suffer by virtue of your failure to comply with the relevant legislation in so far as it related to the
positioning of the goods to the extent that the installation or positioning of the goods is at variance
with our design or other recommendation.
12.4 these conditions shall be subject to and constructed in accordance with English law and you
submit to the jurisdiction of the English courts.
12.5 we shall not be liable to you for any failure or delay in performance of the contract if it is due to
any event beyond our reasonable control including without limitations. acts of God, war, industrial
dispute, fire, flood, tempest and national emergency and if we are so delayed we shall be entitled for
a reasonable extension of time in performing our obligations.

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